How Does The Insurance Company Determine The Pain And Suffering Part of a Settlement?

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Determining the Pain and Suffering part of a Settlement: Car accidents are some of the most stressful things life can throw at you. In addition to property damage and medical expenses, pain and suffering can be taken into account when assessing the value of your legal claim. Keep in mind, though, that this is, generally, one of the most difficult parts of the case; you will need a skilled lawyer well versed in Idaho state law to win your case.

Pain and Suffering After a Car Accident in Idaho
Pain and Suffering After a Car Accident in Idaho

Pain and Suffering are Considered Part of General Damages

There are two types of pain and suffering that accompany injuries from car accidents. The first is the physical pain and suffering one suffers; this is the more obvious of the two. The second type is the mental anguish accident victims suffer. Unfortunately, this part is more difficult to prove, because the injuries are not as readily apparent as physical ones.

If the injury is less obvious, such as with mental anguish, things become more difficult. Without a good attorney who is knowledgeable of Idaho state law, the liable insurance company may not attempt to include mental anguish in the pain and suffering aspect of your car accident claim.

Here at The Sargent Firm, we understand that mental suffering is very real. It is as real as a broken bone. If you are hurting—both physically and mentally—due to a car accident, reach out to us today to schedule your complimentary case evaluation. We are on your side. Let us fight for you!

How Does the Insurance Company Determine and Monetize Pain and Suffering?

When insurance companies start to review a claim, they always look to see if you got prompt medical attention soon after your accident. Legally, they operate under the assumption that if you did not seek medical care, you must not be in pain (and that the onset of pain was not caused by the accident). This is one of the reasons you should always get medical help after an accident even if you think you are fine; you might not be, and it could hurt you legally down the road. Therefore, ALWAYS seek medical attention after a car accident. It can definitely help you with your case.

If you do not go to the doctor after a car accident, the insurance company will move forward as if there is no pain and suffering. It can be a legal uphill battle to get these added to your financial compensation package if there is no initial medical documentation. However, if there is medical documentation, it will be extremely difficult for an insurance company to ignore. They may attempt to give you less than you deserve, but with an experienced car accident lawyer from The Sargent Firm, we will make sure they give you what you are legally entitled to; our job (and the likelihood of positive results) is better with medical documentation.

Insurance companies are highly concerned about their bottom lines, so they will look for any reason to discount your claim of pain and suffering. Therefore, it is always best to be honest, especially with your lawyer. Do not try to overstate your suffering. But, if you are in pain, be forthright and get the medical documentation that proves your injury. The Sargent Firm will work with you to make sure your recovery is the best it can be.


Regardless of how you feel after your car accident, always get prompt medical attention. This is the best thing to do for your physical wellbeing as well your legal wellbeing. It provides documentation for your injuries and makes it harder for the insurance company to give you less than what you deserve.

If you have been involved in a car accident in the state of Idaho, reach out to The Sargent Firm today! Our highly trained team is ready and willing to take on any insurance company to make sure you get the financial compensation that you are legally entitled to. 


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